Encyclopedia of Sociology

(Marcin) #1
CRIMINAL SANCTIONS

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JAMES F. SHORT, JR.

CRIMINAL SANCTIONS


The quality and quantity of normative sanctions
have been viewed as a reflection of the nature of
social solidarity (Durkheim 1964; Black 1976). In
simple societies where the level of willing con-
formity is high, normative sanctions tend to be
informal in nature, substantive in application, and
limited in use. In complex societies where levels of
willing conformity are lower, normative sanctions
are more likely to be formal in nature, procedural
in application, and frequent in use (Michalowski
1985). The increasing stratification, morphology,
and bureaucracy of modern society have given rise
to the predominance of formal justice in the form
of criminal law and criminal sanctions (Black 1976).
Consequently, the nature of crime has been trans-
formed from an offense committed by one indi-
vidual against another in the context of communi-
ty to an offense committed against the society as a
whole (Christie 1977). Behaviors considered harm-
ful to the moral, political, economic, or social well-
being of society are defined as criminal and there-
by worthy of formal state sanctions (Walker 1980).
Criminal behaviors include transgressions of both
the prohibitions and obligations that define a
particular society. Behaviors come to be defined as
crimes through the process of criminalization,
which includes the calculation of proportional
sanctions for each crime.

Criminal sanctions include capital punishment,
imprisonment, corporal punishment, banishment,
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